Region: International
OK Boomer
Sadly, all too many people in my generation are part of the problem.
The phrase “OK Boomer” got to be front-page news when Chlöe Swarbrick, a youthful member of the New Zealand parliament, used the phrase against a heckler. She had been trying to explain why her generation was unwilling to accept delays in addressing climate change. She pointed out that her generation, and the ones to follow, …
CONTINUE READINGGreenhouse Gas Regulations Under the Clean Air Act Are Doomed
Will Kavanaugh Use the Major Questions Doctrine or the Non-Delegation Doctrine to Scrap Them?
The Democratic candidates all have bold plans to attack climate change but face an obvious problem: Congress. Unless the Democrats take the Senate and the Presidency while retaining the House, and unless the Democrats abolish the filibuster, it’s hard to imagine Congress passing comprehensive climate legislation (and even then getting legislation through will be a …
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CONTINUE READINGLow-Hanging Fruit
A powerful metaphor can be illuminating, but it can also be highly misleading.
The idea of long-hanging fruit is ubiquitous in environmental policy — sometimes in the form of a simple metaphor, other times expressed in more sophisticated terms as an assumption of rising marginal costs of pollution reduction. It’s an arresting metaphor, and one that can often be illuminating. But like many powerful metaphors, it can also …
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CONTINUE READINGWhy Don’t States Implement the Polluter Pays Principle?
An economic analysis suggests why not
Some time ago, I was thinking about the “polluter pays” principle of international environmental law. In this, the source — not its receiving victim — of pollution or other environmental harm should pay for any remediation done and for ending the pollution. Yet despite the principle’s normative appeal, countries (or “states” in the language of …
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CONTINUE READINGClimate Policy at Midcentury — Africa
If we’re not careful, African emissions could rival those of China and India today.
If current projections hold and nothing is done to change the trend, Africa could emit as much carbon as the U.S. or even China today. We can’t allow that to happen.
CONTINUE READINGElectric Vehicle Law & Policy Solutions For France & California
New CLEE symposium brief released today based on June 2019 conference
UC Berkeley Law’s Center for Law, Energy and the Environment (CLEE) is today releasing a new report on lessons learned to advance electric vehicle (EV) deployment in France and California. Electric Vehicles and Global Urban Adoption: Policy Solutions from France and California is based on a June 2019 international conference at UC Berkeley, co-sponsored by …
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CONTINUE READINGA New Tactic in Climate Change Litigation
Unlike past lawsuits, a recent one may be able to accomplish more
Last week, closing arguments were presented in a potentially important climate change lawsuit, the People of the State of New York v. Exxon Mobil Corp. Such climate legal action seems increasingly common, or at least visible. In the US, 21 youths have brought a lawsuit against the federal government and fossil fuel companies for failing …
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CONTINUE READINGThe US’s Departure from the Paris Climate Agreement is Not Such a Big Deal
The impacts of Pres. Trump’s action will be symbolic, not substantive
Soon after entering office, President Donald Trump promised to withdraw the United States from the Paris climate agreement. He did so yesterday, which was the first day that he may. This is unfortunate but not as great a tragedy as it might appear, at least substantively. This is because both of the Agreement’s content and …
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CONTINUE READINGLet’s Commence an Economic Retaliation Initiative Against (Some) Automakers
Influencing Public Policy Through Individual & Collective Purchasing Decisions
At the risk of piling on, let me offer my own thoughts–and a specific proposal–regarding yesterday’s decision by General Motors, Fiat Chrysler, Toyota and the automakers’ trade organization to intervene in support of the Trump Administration in California’s recently-filed litigation challenging the feds’ attempted revocation of California’s Clean Air Act waiver. Legal Planet colleagues Ann …
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CONTINUE READINGLooking Into USDOJ’s Lawsuit To Dismantle the California-Quebec Greenhouse Gas Cap-and-Trade Linkage Program
While DOJ Says It “Didn’t Consult With The White House,” There Are Clues the Case Is Politically-Motivated
My colleagues Ann Carlson and Cara Horowitz wrote last week about the Trump administration Department of Justice’s lawsuit against the California Air Resources Board, the Western Climate Initiative, and various California-based officials of both, claiming California is unlawfully trying to engage in foreign policy through its greenhouse gas cap-and-trade program’s linkage with Quebec. There appear …
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